Communication
Chambers
Document Format Requirements4 rules
Evidentiary hearings, regardless of amount of time and hearings scheduled for more than one hour will require IN-PERSON appearance.
All notices of court proceedings to be held in a public facility must contain the statement below in bold face, 14-point Times New Roman or Courier font.
- Font size
- 14 points
Formatting
- •Use bold face and either Times New Roman or Courier
DO NOT use DJMCA format codes.
Formatting
- •Do not use DJMCA format codes
Proposed orders are to be submitted in Word format. In the event the proposed order requires an attachment that cannot be accomplished via Word, you may submit an additional proposed order including all attachments as a PDF.
- File type
- Word
Document Filing Requirements14 rules
The motion must contain a certificate stating that the movant conferred with opposing counsel and that counsel could not agree on resolving the motion.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
Before filing any motion, except as noted in paragraph c, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion, and the motion shall contain a statement certifying that the moving party has conferred with opposing counsel and that counsel have been unable to agree on the resolution of the motion (the “Certificate”).
The certificate must state the conference date, participating attorneys, and specific results; repeated failure or refusal to confer must be described specifically.
Must include
- •Certificate of conference
Court's wording
b. The certificate shall set forth the date of the conference, the names of the participating attorneys, and the specific results achieved. It shall be the responsibility of counsel for the movant to arrange for the conference. Counsel are expected to respond promptly to inquiries and communication from opposing counsel. Repeated failure or refusal of a party or attorney to so confer should be set out with specificity in the certificate.
Please also include the ZOOM call in number, 312-626-6799, along with the Meeting ID# for individuals with no ability to appear via video.
Every proposed order must include the specified pro se service paragraph as its final paragraph before “DONE and ORDERED.”
Court's wording
All proposed orders must include as the last paragraph (before DONE and ORDERED) the following statement: In cases wherein one party is unrepresented (pro se), it is the responsibility of the sole attorney in the case to serve within five business days this [order or judgment [upon any pro se party who does not have access to and is not a registered user of the Florida Court e-Filing Portal.
Please file a Notice for Readiness for Trial Cases once the case is ready to be set for a Jury/Judge trial.
All Notice of Hearings must include the DIN # along with the title of the Motion(s).
All notices of court proceedings to be held in a public facility must contain the statement below in bold face, 14-point Times New Roman or Courier font.
Only the party who set the hearing may cancel it, and it is the party’s responsibility to file a written notice of cancellation of the hearing and to notify the Court and all participants of the cancellation, including any pro se party, and court reporter if one was secured.
Do not include a certificate of service to be completed by the judicial assistant.
***ALL NOTICE OF HEARINGS MUST INCLUDE THE DIN # AS WELL AS THE TITLE OF ALL ITEMS BEING NOTICED FOR THAT HEARING***
Please e-mail the Judge’s Assistant a proposed order compelling a response within thirty (30) days and reserving jurisdiction to award attorney fees if applicable.
You are required to include the provided ZOOM Meeting ID# in the Notice.
- Document
- Notice of hearing
Must include
- •Include the provided ZOOM Meeting ID#
The parties may e-mail the Judge’s Assistant a stipulated order including the number of days agreed to or submit a proposed order with the number of days blank for Judge Oberliesen to decide.
Below is the preferred signature block.
Filing & Service rules
Electronic Filing Rules
After scheduling a foreclosure trial date through OnceHub, counsel must electronically file a proposed Order Scheduling Trial.
Once a trial date is scheduled via OnceHub, counsel must e-file a proposed Order Scheduling Trial.
Page 1 | FORECLOSURE CASES
A signed proposed order or judgment will be filed electronically.
Once the proposed order or judgment is signed, it will be e-filed.
Page 1 | PROPOSED ORDERS
Filing Timing and Cure Windows
Materials parties want the Court to review must be provided at least three business days before the hearing.
ANYTHING PARTIES WOULD LIKE THE COURT TO REVIEW SUCH AS CASE LAW AND STATUTES MUST BE PROVIDED TO THE COURT NO LESS THAN 3-BUSINESS DAYS (72-HOURS) PRIOR TO THE HEARING.
Page 1 | SCHEDULING A CIVIL HEARING
An opposing party has five days after a foreclosure Notice for Trial is filed to object to whether the action is at issue.
Once a Notice for Trial is filed, any opposing party has 5 days to object to whether the action is at issue. (Rule 1.440, Florida Rules of Civil Procedure).
Page 1 | FORECLOSURE CASES
For a foreclosure non-jury trial, the Notice for Trial and original documents must be filed with the Clerk before a trial date is set.
If Counsel needs to schedule a non-jury trial for a foreclosure, a Notice for Trial and original documents must be filed with the Clerk of Court before a trial date is set.
Page 1 | FORECLOSURE CASES
The motion for summary judgment and original documents must be filed with the Clerk before the hearing is scheduled.
Before scheduling a Motion for Summary Judgment, the Motion and original documents must be filed with the Clerk of Court.
Page 1 | FORECLOSURE CASES
Motions must be filed and docketed before a hearing-time request is submitted.
Any motion(s) must be filed and docketed before submitting a request for hearing time.
Page 1 | SCHEDULING A CIVIL HEARING
Wait until one to two days before the hearing to file the proposed Final Judgment.
Please wait until 1-2 days prior to the hearing to file the proposed Final Judgment.
Page 1 | FORECLOSURE CASES
Service and Proof of Service Rules
When a case has an unrepresented party who lacks access to or is not registered on the Florida Court e-Filing Portal, the sole attorney must serve that party within five business days.
In cases wherein one party is unrepresented (pro se), it is the responsibility of the sole attorney in the case to serve within five business days this [order or judgment [upon any pro se party who does not have access to and is not a registered user of the Florida Court e-Filing Portal.
Page 1 | PROPOSED ORDERS
The submitting party or counsel must provide copies to parties who are not on the service list.
It is the responsibility of the submitting party/counsel to provide copies to any party not included on the service list.
Page 1 | PROPOSED ORDERS
Counsel must send a copy of the signed order under the standard service rules to a party who is not on the e-portal list.
If a party is not on the e-portal list, Counsel needs to send a copy of the signed Order under the standard service rules.
Page 1 | FORECLOSURE CASES
The party canceling a hearing must notify the Court and all participants, including any pro se party and secured court reporter.
Only the party who set the hearing may cancel it, and it is the party’s responsibility to file a written notice of cancellation of the hearing and to notify the Court and all participants of the cancellation, including any pro se party, and court reporter if one was secured.
Page 1 | NOTICE OF CANCELLATION
Pre-Motion Conference Requirements
A required conference must be a substantive, good-faith in-person or telephone conversation; exchanging emails, faxes, or letters is not enough.
a. The term “confer” as used herein, means a substantive conversation either in person or by telephone in a good faith effort to resolve the motion without court action and does not envision an exchange of ultimatums by email, fax, or letter.
Page 1 | Certificate of Good Faith Conference
A party alleging failure to state a cause of action must confer before moving to dismiss and, if requested, stipulate to an order allowing a curative amended pleading instead of the motion.
d. A party alleging that a pleading fails to state a cause of action will confer with counsel for the opposing party before moving to dismiss, and, upon request of the other party will stipulate to an order permitting the filing of a curative amended pleading in lieu of filing a motion to dismiss.
Page 1 | Certificate of Good Faith Conference
Before filing any motion, except as noted in paragraph c, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion, and the motion shall contain a statement certifying that the moving party has conferred with opposing counsel and that counsel have been unable to agree on the resolution of the motion (the “Certificate”).
Before filing any motion, except as noted in paragraph c, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion, and the motion shall contain a statement certifying that the moving party has conferred with opposing counsel and that counsel have been unable to agree on the resolution of the motion (the “Certificate”).
Page 1 | Certificate of Good Faith Conference
A statement that counsel merely attempted to confer is insufficient, and the Court may deny a motion sua sponte if its certificate is not appropriate and complete.
a. The term “confer” as used herein, means a substantive conversation either in person or by telephone in a good faith effort to resolve the motion without court action and does not envision an exchange of ultimatums by email, fax, or letter. Certification that counsel has attempted to confer with opposing counsel is not sufficient. The court may sua sponte deny motions that fail to include an appropriate and complete certificate under this section.
Page 1 | Certificate of Good Faith Conference
The conference and certificate requirements do not apply to appropriate ex parte, uncontested, judgment-on-the-pleadings, summary-judgment, or other dispositive motions.
c. No conference, therefore no certificate, is required for appropriate ex-parte motions, uncontested motions, judgment on the pleadings, summary judgment, or other dispositive motions.
Page 1 | Certificate of Good Faith Conference
Adjournment & Extension Requirements
For an extension, parties may email the Judge’s Assistant a stipulated order stating the agreed number of days or submit a proposed order leaving the number of days blank for the judge.
The parties may e-mail the Judge’s Assistant a stipulated order including the number of days agreed to or submit a proposed order with the number of days blank for Judge Oberliesen to decide.
Page 1 | MOTIONS
Chambers Communication Rules
Materials for the Court to review must be emailed to the Judge’s Assistant.
PARTIES ARE TO E-MAIL THEM TO THE JUDGE’S ASSISTANT AT Katie.Rhodes@flcourts1.gov
Page 1 | SCHEDULING A CIVIL HEARING
Proposed orders and their corresponding motions must be emailed directly to the Judicial Assistant, including in criminal cases.
***ALL PROPOSED ORDERS AND THEIR CORRESPONDING MOTIONS ARE TO BE E-MAILED TO THE JA DIRECTLY (PROPOSED ORDERS IN WORD FORMAT)*** (THIS INCLUDES ALL CRIMINAL CASES)
Page 1 | NOTICE OF HEARING
Proposed orders must be emailed directly to the Judicial Assistant.
Proposed orders are submitted directly to the JA via e-mail at Katie.Rhodes@flcourts1.gov.
Page 1 | PROPOSED ORDERS
The proposed order for a motion to compel based on no responses must be emailed to the Judge’s Assistant.
Please e-mail the Judge’s Assistant a proposed order compelling a response within thirty (30) days and reserving jurisdiction to award attorney fees if applicable.
Page 1 | MOTIONS
To check the status of a specific proposed order to see if a ruling has been made by the Judge, you should first check the clerk’s system to see if has been docketed. If the order is not found, an email to the JA at Katie.Rhodes@flcourts1.gov can be sent (allow a minimum of five (5) business days to process proposed orders) to inquire the status of said order.
To check the status of a specific proposed order to see if a ruling has been made by the Judge, you should first check the clerk’s system to see if has been docketed. If the order is not found, an email to the JA at Katie.Rhodes@flcourts1.gov can be sent (allow a minimum of five (5) business days to process proposed orders) to inquire the status of said order.
Page 1 | PROPOSED ORDERS
Parties may email the Judge’s Assistant a stipulated extension order.
The parties may e-mail the Judge’s Assistant a stipulated order including the number of days agreed to or submit a proposed order with the number of days blank for Judge Oberliesen to decide.
Page 1 | MOTIONS
Hearings longer than one hour should be scheduled by emailing Judge Oberliesen’s office.
Hearings more than one hour should be scheduled directly with Judge Oberliesen’s office by emailing Katie Rhodes at Katie.Rhodes@flcourts1.gov.
Page 1 | SCHEDULING A CIVIL HEARING
Questions about the guidance may be directed to the office by email.
If you have any questions about any of the above information, please feel free to contact our office by emailing Katie Rhodes at Katie.Rhodes@flcourts1.gov or calling 850-689-4116.
Page 1 | CONCLUSION